Constitutional Ideals: Putting Principles Into Practice

The ideals of the Indian Constitution are reflected in the Preamble, which serves as an introduction to the constitution. The preamble includes the following key ideals: people as the ultimate source of power and authority; India as a democratic country; India as an independent and sovereign country; India as a socialist state; India as a secular state; and India as a republic. These ideals are given effect through a federal structure, where power is divided between the centre and the state, and through fundamental rights which are civil and political in nature.

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People as the ultimate source of power and authority

The people are the ultimate source of power and authority in a democracy. This is a fundamental principle of self-government, where the people's sovereignty is reflected in the political system. In a democracy, the people are sovereign, and their consent is what grants the government its right to govern. This is known as popular sovereignty, where the government's power is derived from the people's authority.

The US Constitution, for example, was established by the people to advance the cause of freedom and protect individual, unalienable rights. It is a written law created in sovereignty to govern and unite the nation. The people's charter, the Constitution, establishes the nation as a sovereign citizenry linked together for the greater good.

Similarly, the Indian Constitution, which came into effect on January 26, 1950, declares India to be a democratic country where people enjoy an equal set of political rights and participate in the governance of the country. It also establishes India as a republic, with the head of state being an elected official rather than a hereditary monarch. The Indian Constitution restricts governmental authority by ensuring that each individual has certain fundamental rights that cannot be violated or infringed upon.

In both these examples, the ideals of the constitution are given effect through the recognition of the people as the ultimate source of power and authority. This is a key characteristic of constitutional democracy, where the authority of the majority is limited by legal and institutional means to protect the rights of individuals and minorities.

India is a democratic country

The Indian constitution guarantees its citizens the right to vote and elect their representatives in a free and fair manner. It also provides for fundamental rights, including civil and political rights, and promotes certain ideals, such as liberty, equality, fraternity, and justice, which are intended to guide Indian society. The constitution restricts governmental authority by safeguarding these rights from violation or infringement.

India's democracy is unique and has been described as one of the largest and most diverse in the world. It is distinct from Western democratic systems, with a powerful executive and a judiciary that has often favored the executive. While there are concerns about the state of Indian democracy, with some arguing that it is under severe threat, civil society still has the power to correct the government, as seen in the successful 2021 farmer protests.

India's commitment to democratic principles is evident in its regular national and state elections, with over a billion people voting every five years. The country's democratic legitimacy is crucial to the ruling BJP, and its continued electoral losses at the state level demonstrate that the people of India control the levers of power.

India is an independent, sovereign country

The ideals of the Indian Constitution are reflected in the Preamble, which serves as an introduction to the Constitution. The Preamble expresses the following:

• People as the ultimate source of power and authority.
• India is a democratic country where citizens enjoy an equal set of political rights and participate in the governance of the country.
• India is an independent, sovereign country, free from foreign control both internally and externally.
• India is a socialist state that aims to establish a welfare state, bridge the gap between the rich and poor, and ensure equitable distribution of public resources.
• India is a secular state that respects the interests of minority groups, grants freedom of religion to all, and ensures equal respect for all religions.
• India is a republic with an elected head of state, rather than a hereditary monarchical system.
• The preamble also incorporates certain ideals of liberty, equality, fraternity, and justice, which are meant to guide Indian society.

India's status as an independent, sovereign country is further reinforced by its permanent population, defined territory, and centralized government. India has the freedom to formulate and direct its domestic and foreign policies and conduct foreign relations as it wishes. The ultimate power and authority reside in the Indian people, who are guaranteed certain fundamental rights that cannot be violated or infringed upon. India's sovereignty is also reflected in its federal structure, where power is divided between the central government and the states, and in the clear separation of powers among the three organs of the government.

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India is a welfare state

The ideals of the Indian Constitution, which came into effect on 26 January 1950, are reflected in the Preamble, which serves as an introduction to the Constitution. The Preamble expresses the following:

• People as the ultimate source of power and authority
• India is a democratic country where people enjoy an equal set of political rights and participate in the governance of the country
• India is an independent sovereign country, free from foreign control
• India is a socialist state that aims to establish a welfare state, looking after the needs of the people, bridging the gap between the rich and poor, and ensuring equitable distribution of public resources
• India is a secular state that respects the interests of minority groups, grants freedom of religion to all, and ensures equal respect for all religions
• India is a republic where the head of state is elected, not a hereditary monarchy
• Ideals of liberty, equality, fraternity, and justice are to be the guiding principles of society

These ideals are reflected in the Constitution's aims and basic features, including national unity and integrity, socialism, secularism, democracy, and the republican nature of the Indian state. The Constitution restricts governmental authority by guaranteeing that each individual has certain fundamental rights that are inviolable and cannot be infringed upon. These rights are civil and political in nature, and directive principles of state policy are social and economic in nature. The political system provides for a clear separation of powers among the three organs of the government and a federal structure, where power is divided between the centre and the state.

India is a secular state

India's secularism does not completely separate religion and state. The degree of separation between the two has varied over time, with several court and executive orders in place. The constitution permits partial financial support for religious schools, as well as the financing of religious buildings and infrastructure by the state. The federal and state governments also administer and manage religious sites of great significance, such as the Islamic Central Wakf Council and many Hindu temples.

Supporters of the Indian concept of secularism claim it respects "minorities and pluralism". India's first prime minister, Jawaharlal Nehru, is credited with the formation of the secular republic. For the first 50 years after independence, Indians voted consistently to retain the multi-religious plurality of their state, with equal rights for all citizens and special protections for minorities. However, critics claim that India's acceptance of some religious laws violates the principle of equality before the law. Secularism as practised in India is a controversial topic, with marked differences from the Western practice of secularism.

The rise of Hindu nationalist ideology in the mid-1990s has also challenged the secular nature of the Indian state. The Bharatiya Janata Party (BJP) has led the movement towards majoritarianism, targeting Muslims and seeking to render illegitimate their equal claim to Indian citizenship. In 2024, Prime Minister Narendra Modi participated in the installation of an idol at a Hindu temple, on the site of a mosque destroyed by communal violence in 1992. This event highlighted the deep divisions being sown by the BJP government and the evolving nature of the Hindu nationalist movement.

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